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Seite 314 - ... of a science, art, or trade as to require a previous habit or experience or study in it, in order to acquire a knowledge of it. When the question involved does not lie within the range of common experience or common knowledge, but requires special experience or special knowledge, then the opinions of witnesses skilled in that particular science, art, or trade to which the question relates are admissible in evidence.
Seite 321 - As it seldom happens that absolute certainty can be obtained in human affairs, therefore reason and public utility require that Judges and all mankind, in forming their opinions of the truth of facts, should be regulated by the superior number of probabilities on one side and on the other.
Seite 314 - The rule is that the opinions of experts or skilled witnesses are admissible in evidence in those cases in which the matter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, for the reason that the subjectmatter so far partakes of a science, art, or trade as to require a previous habit or experience or study in it, in order to acquire a knowledge of it.
Seite 140 - There is a very ancient tunnel, about a third of a mile in length, by which water is brought from the Virgin's Pool in the Kedron Valley to the Pool of Siloam in the Tyropceon.
Seite 311 - That has become sn uniform a result with medical experts of late, that they are beginning to be regarded much in the light of hired advocates, and their testimony as nothing more than a studied argument in. favor of the side for which they have been called.
Seite 311 - ... it is often quite surprising to see with what facility and to what an extent their views can be made to correspond with the wishes or the interests of the parties who call them. They do not, indeed...
Seite 314 - It is not because a man has a reputation for superior sagacity, and judgment, and power of reasoning, that his opinion is admissible; if so, such men might be called in all cases, to advise the jury, and it would change the mode of trial. But it is because a man's professional pursuits, his peculiar skill and knowledge in some department of science, not common to men in general, enable him to draw an inference, where men of common experience, after all the facts proved, would be left in doubt.
Seite 271 - One interesting subject included in these reports was a proposed electric furnace, to be operated by energy from water power. Mr. Birkinbine was one of the first to suggest an iron industry at the head of the Great Lakes, using coke made from Pennsylvania coal. His report was an important factor in establishing the iron industry at the head of Lake Superior; and the blast furnace at West Duluth, Minn., JOHN BIRKINBINE.
Seite 313 - ... a correct judgment upon it, for the reason that the subject matter so far partakes of the nature of a science, art or trade as to require a previous habit or experience or study in order to acquire a knowledge of it.
Seite 311 - They do not, indeed, wilfully misrepresent what they think : but their judgments become so warped by regarding the subject in one point of view, that, even when conscientiously disposed, they are incapable of expressing a candid opinion. Being zealous partisans, their belief becomes synonymous with Faith as defined by the Apostle,2 and it too often is but "the substance of things hoped for, the evidence of things not seen.